Morocco reforms check payment laws to restore financial confidence
Morocco’s government has approved comprehensive amendments to commercial code provisions governing check payments, aiming to restore confidence in this traditional payment method while reducing judicial burden and detention rates. Government spokesperson Mustapha Baitas announced Thursday that the reforms address a critical economic issue affecting investors and businesses nationwide.
Bank Al-Maghrib statistics for 2024 reveal the scale of the challenge, with 30 million check payment operations totaling 1,319 billion dirhams processed, 972,232 checks were rejected for insufficient funds. Between 2022 and June 2025, authorities recorded 180,223 complaints leading to prosecutions against 76,936 individuals, with 58,710 facing detention.
The reform introduces significant changes to Article 316 of the commercial code, replacing the previous system where non-payment cases remained in court with mandatory 25 percent fines on check values. Under new provisions, payment of the check amount plus a two percent fine definitively ends prosecution, dramatically reducing penalties while ensuring accountability.
Additional reforms establish amicable settlement mechanisms at all trial stages, including sentence execution phases. Payment or complaint withdrawal now prevents prosecution initiation or continuation, while exemptions apply to transactions between spouses or family ascendants, recognizing domestic financial relationships’ unique nature.
The legislation aligns with Morocco’s strategic objectives to modernize financial and commercial transaction frameworks, adapting to rapid changes in commercial instruments while meeting contemporary criminal policy requirements in finance and business sectors.
These provisions specifically address the persistent problem of insufficient fund checks that continue concerning society, particularly investors, due to significant economic and social repercussions affecting all parties. The reforms are expected to stimulate economic dynamism while reducing detention rates and alleviating court pressure from check-related cases.